74006 Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices 

monitored as they poured liquid 

antimicrobial pesticide products from 

conventional or reduced-splash 

containers into different sizes and types 

of source containers. EPA seeks the 

advice of the HSRB on the scientific 

soundness of this completed research 

and on its appropriateness for use in 

estimating exposure that results from 

pouring liquid antimicrobial pesticide 

products. EPA also seeks the advice of 

the HSRB on whether available 

information supports a determination 

that the study was conducted in 

substantial compliance with subparts K 

and L of 40 CFR Part 26. 

2. Meeting minutes and reports. 

Minutes of the meeting, summarizing 

the matters discussed and 

recommendations, if any, made by the 

advisory committee regarding such 

matters, will be released within 90 

calendar days of the meeting. Such 

minutes will be available at http:// 

www.epa.gov/osa/hsrb/ and http:// 

www.regulations.gov. In addition, 

information regarding the Board’s final 

meeting report, will be found at http:// 

www.epa.gov/osa/hsrb/ or from the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Dated: December 3, 2012. 

Glenn Paulson, 

Science Advisor. 

[FR Doc. 2012–29983 Filed 12–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R07–SFUND–2012–0897; FRL–9761– 

9] 

Proposed Administrative Cost 

Recovery Settlement Under the 

Comprehensive Environmental 

Response Compensation and Liability 

Act, as Amended, Radiation—Former 

Air Capitol Dial Superfund Site, 

Sedgwick County, KS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response Compensation 

and Liability Act, as amended 

(CERCLA), notice is hereby given of a 

proposed administrative settlement with 

Air Capitol Dial, Inc., for recovery of 

past response costs concerning the 

Radiation—Former Air Capitol Dial 

Superfund Site (the ‘‘Site’’) in Sedgwick 

County, Kansas. The settlement requires 

Air Capitol Dial, Inc. to pay $225,000 

plus interest over a three year period of 

time, to the Hazardous Substance 

Superfund. Total past costs for the Site 

are approximately $600,000. The 

settlement includes a covenant not to 

sue the settling party pursuant to 

Section 107(a) of CERCLA. For thirty 

(30) days following the date of 

publication of this notice, EPA will 

receive written comments relating to the 

settlement. EPA will consider all 

comments and may modify or withdraw 

its consent to the settlement if 

comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. EPA’s response to any 

comments received will be available for 

public inspection at the EPA Region 7 

office located at 11201 Renner 

Boulevard, Lenexa, Kansas. 

DATES: Comments must be submitted on 

or before January 11, 2013. 

ADDRESSES: The proposed settlement is 

available for public inspection at the 

EPA Region 7 office, 11201 Renner 

Boulevard, Lenexa, Kansas, Monday 

through Friday, between the hours of 

7:00 a.m. through 5:00 p.m. A copy of 

the proposed settlement may be 

obtained from the Regional Hearing 

Clerk, 11201 Renner Boulevard, Lenexa, 

Kansas, (913) 551–7567. Requests 

should reference the Radiation—Former 

Air Capitol Dial Superfund Site, EPA 

Docket No. CERCLA–07–2011–0005. 

Comments should be addressed to: 

Denise L. Roberts, Senior Assistant 

Regional Counsel, 11201 Renner 

Boulevard, Lenexa, Kansas 66219. 

FOR FURTHER INFORMATION CONTACT: 

Denise L. Roberts, at telephone: (913) 

551–7559; fax number: (913) 551–7925/ 

Attn: Denise L. Roberts; Email address: 

roberts.denise@epa.gov. 

Dated: November 28, 2012. 

Cecilia Tapia, 

Director, Superfund Division, Region 7. 

[FR Doc. 2012–29975 Filed 12–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2012–0902; FRL–9371–9] 

Polychlorinated Biphenyls (PCBs); 

Recycling Plastics From Shredder 

Residue 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Request for public comment. 

SUMMARY: EPA is seeking comment on 

an interpretation of its regulations 

currently under consideration that 

would generally allow for the recycling 

of plastic separated from shredder 

residue under the conditions described 

in the Voluntary Procedures for 

Recycling Plastics from Shredder 

Residue, relying principally on the 

regulatory provisions for excluded PCB 

products. The interpretation described 

in this notice responds to questions EPA 

has received about the applicability of 

the excluded PCB products regulations. 

DATES: Comments must be received on 

or before January 11, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0902, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave. NW., 

Washington, DC. ATTN: Docket ID 

Number EPA–HQ–OPPT–2012–0902. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2012–0902. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices 74007 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: 

Peter Gimlin, National Program 

Chemicals Division, Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 566–0515; 

email address: gimlin.peter@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

This notice is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders, including 

private citizens, federal, tribal, state and 

local governments, environmental 

consulting firms, industry 

representatives, environmental 

organizations and other public interest 

groups. Since others may also be 

interested, the Agency has not 

attempted to describe all the specific 

entities that may have interest in this 

notice. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

EPA is considering an interpretation 

of its regulations that would generally 

allow for recycling of plastic separated 

from shredder residue under the 

conditions described in the Voluntary 

Procedures for Recycling Plastics from 

Shredder Residue (Ref. 1), relying 

principally on the regulatory provision 

for excluded PCB products at 40 CFR 

part 761. In the interest of transparency, 

EPA is inviting the public to provide 

comments as part of this process. EPA 

has opened the docket for public 

comment for 30 days after publication 

in the Federal Register. Details on how 

to provide comments to the docket are 

provided under ADDRESSES. 

II. Background 

EPA was approached by the Institute 

of Scrap Recycling Industries, Inc. 

(ISRI), regarding separation, recycling, 

use, and distribution of recycled plastics 

from shredder residue recovered from 

metals recycling facilities (referred to by 

ISRI as automobile shredder residue 

(ASR) aggregate). In a February 24, 2011 

letter, ISRI requested ‘‘written 

confirmation that separating plastics 

from ASR aggregate for use and 

distribution in commerce, using 

processes that reduce any PCBs that 

may be present to a level at or below 

which there is no unreasonable risk, is 

authorized’’ under regulations 

promulgated pursuant to the Toxic 

Substances Control Act (TSCA) (see 16 

U.S.C. 2605(e)) (Ref. 2). ISRI stated that: 

* * * analysis shows that the separation, 

recycling, distribution in commerce, and 

reuse of plastics from shredder aggregate is 

consistent with existing authorizations that 

allow the use and distribution in commerce 

of products that contain low levels of PCBs, 

including provisions for ‘‘excluded PCB 

products’’ and ‘‘excluded PCB manufacturing 

processes’’ (as defined in 40 C.F.R. § 761.3). 

ISRI also stated that resolving regulatory 

uncertainty could lead to investments 

and further development in innovative 

methods to separate plastics from ASR 

aggregate that would produce broad 

environmental benefits and increase 

global competitiveness (Ref. 2). 

ISRI developed a set of voluntary 

procedures designed to prevent the 

introduction of PCBs that are regulated 

for disposal into recycled plastics 

recovered from shredder residue 

generated by metal recycling facilities. 

The Voluntary Procedures for Recycling 

Plastics from Shredder Residue (Ref. 1) 

includes development and 

implementation of a documented 

materials management system through: 

(1) Documented source control 

programs aimed at preventing the 

introduction of PCBs regulated for 

disposal into the shredder feedstock 

materials that contribute to any 

shredder residue from which plastics 

will be recovered for recycling; and (2) 

documented output control programs 

for facilities processing/producing/ 

recycling plastics from shredder 

residue. The Voluntary Procedures for 

Recycling Plastics from Shredder 

Residue and supporting materials are 

available at EPA–HQ–OPPT–2012–0902. 

According to ISRI, 1 to 2 million tons 

of plastic are generated annually in ASR 

aggregate, most of which could be 

separated and recycled rather than 

disposed using novel technologies (Ref. 

3). ISRI further delineates that the most 

common automotive plastic categories 

are polypropylene (PP), polyethylene 

(PE), polyurethane (PU), and polyvinyl 

chloride (PVC). ISRI also mentions 

acrylonitrile styrene butadiene (ABS) 

and high-impact polystyrene (HIPS) as 

additional types of automotive plastics 

found in ASR. By assuming that the 1 

to 2 million tons of plastic generated 

from ASR annually, when characterized 

by the percentage of total scrap plastics 

from a typical 2001 vehicle (Ref. 4), this 

would imply the following total annual 

volumes: PP (22.1%): 221,000–442,000 

tons; PU (19.3%): 193,000–386,000 tons; 

nylon (12.4%): 124,000–248,000 tons; 

PVC (7.9%): 79,000–158,000 tons; ABS 

(7.4%): 74,000–148,000 tons; PE (4.4%): 

44,000–88,000 tons; polycarbonate 

(3.9%): 39,000–78,000 tons; other 

engineering resins, including HIPS 

(10.9%): 109,000–218,000 tons; 

polyvinyl butyral (2.1%): 21,000–41,000 

tons; other (9.8%): 98,000–196,000 tons. 

However, ISRI notes that not all of these 

plastics are currently technically or 

economically feasible for recovery. But, 

ISRI highlights several plastics as likely 

candidates for recycling. These are PP, 

high-density PE, ABS, HIPS, and PU 

foam. Recovery of these plastics would 

require installation and operation of 

new or modified material separation 

equipment. 

To characterize the potential benefits 

of recovering and recycling plastics in 

ASR aggregate, ISRI commissioned a 

report from Nathan Associates, Inc. (Ref. 

5). This report estimates economic 

benefits and environmental 

improvements from separating, sorting, 

processing, and recycling plastics found 

in ASR aggregate rather than disposing 

this material. In brief, the report finds 

that allowing plastics in ASR aggregate 

to be recycled would create demand for 

new capital equipment to be 

manufactured, installed, and operated 

in material separation facilities. This 

would lead to increased economic 

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74008 Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices 

activity both directly through purchase, 

installation, and operation of this 

equipment, as well as indirectly through 

increased demand for intermediate 

goods and services. The report also 

estimates positive environmental 

impacts on energy consumption, 

greenhouse gases, water use, and 

landfill space if virgin plastics were 

replaced with recycled material. 

EPA believes that recycling turns 

materials that would otherwise become 

waste into valuable resources. Recycling 

includes collecting recyclable materials 

that would otherwise be considered 

waste, sorting and processing 

recyclables into raw materials such as 

fibers, manufacturing raw materials into 

new products, and purchasing recycled 

products. Collecting and processing 

secondary materials, manufacturing 

recycled-content products, and then 

buying recycled products creates a 

circle or loop that ensures the overall 

success and value of recycling. 

Ultimately, recycling can generate a host 

of financial, environmental, and social 

returns. Some of these benefits accrue 

locally as well as globally. Examples of 

the general benefits of recycling include 

protecting and expanding U.S. 

manufacturing jobs and increasing U.S. 

competitiveness; reducing the need for 

landfilling and incineration; preventing 

pollution caused by the manufacturing 

of products from virgin materials; saving 

energy; decreasing emissions of 

greenhouse gases that contribute to 

global climate change; conserving 

natural resources such as timber, water, 

and minerals; and helping sustain the 

environment for future generations. 

With respect to recycling by the 

automotive industry overall, research on 

improvements in automotive design and 

construction has been conducted in 

order to facilitate the recycling of 

automotive materials/components. The 

recycling of automotive steel has proven 

to be economically advantageous, so 

that wholesale automotive recycling is 

now widespread. Since a large volume 

of wastage is also generated, industry is 

interested in reusing as much 

automotive plastic as may be 

environmentally and economically 

feasible (Ref. 6). 

Increases in the recycling of plastics 

from ASR aggregate may also offer some 

benefits beyond that of other forms of 

plastics recycling. For instance, because 

substantial automotive recycling 

systems are already in place for the 

primary purpose of recovering steel, 

large quantities of ASR aggregate are 

already being simultaneously collected. 

Such available quantities of ASR 

aggregate may then be further separated 

and processed as necessary for purposes 

of reuse. Also, any potential expansion 

of ASR aggregate recycling capabilities 

could potentially generate excess 

capacity and/or technological 

advancements for use in the recycling of 

non-automotive products of a similar 

nature, such as large appliances for 

example. 

Such dynamics demonstrate the 

potential for creating a broad range of 

direct and indirect benefits that may be 

directly attributed to improved 

procedures and reduced regulatory 

barriers associated with the recycling of 

plastics in ASR aggregate. Any 

stimulation of the market for ASR 

aggregate may thereby help to not only 

protect and expand U.S. manufacturing 

jobs, but also foster new technologies 

and products while increasing U.S. 

competitiveness. 

While EPA agrees that recycling 

plastics from ASR aggregate could have 

net economic benefits and positive 

environmental impacts, EPA has not 

conducted an independent estimate of 

the precise magnitude or timing of these 

benefits and impacts. Therefore, EPA is 

not in a position to assess the 

underlying assumptions, or the savings 

per ton and multipliers, used in the 

benefit estimates from the Nathan 

Associates, Inc. report commissioned by 

ISRI. EPA notes that the report does not 

address the extent to which economic 

activity associated with the recycling of 

plastics from ASR aggregate would 

displace current economic activity 

associated with disposal of these 

plastics or the manufacturing of virgin 

materials. Nor does it address the timing 

of potential investments in new 

equipment. Additionally, the report 

relies on assumptions supported by 

limited data on plastic volumes, 

recoverability, environmental impacts, 

and market prices. EPA is interested in 

the public views on factors that may 

affect the direction, magnitude, and 

timing of benefits, costs, and 

environmental impacts associated with 

recycling plastics found in ASR 

aggregate rather than disposing of this 

material. 

As expressed in the Pollution 

Prevention Act of 1990, 42 U.S.C. 13101 

et seq., and the Agency’s pollution 

prevention policies, EPA generally 

prefers recycling to disposal of materials 

within the waste management 

hierarchy. This general preference is a 

factor EPA has considered here. Plastics 

recovered from ASR aggregate could be 

incorporated into a wide variety of 

consumer products such as appliances, 

house wares, office goods, electronics, 

and carpeting. Plastics from ASR 

aggregate could also be returned in a 

closed loop to the automotive market. 

Although some of the same categories of 

plastics recovered from ASR aggregate 

are also used in certain food contact and 

medical applications, these recycled 

plastics are not expected to make large 

inroads into demand for virgin materials 

for these applications due to the 

voluntary procedures described in this 

notice. These procedures require plastic 

recyclers to include contractual 

provisions in sales contracts expressly 

stating that plastics containing recycled 

material separated from ASR aggregate 

may contain PCBs, and therefore the 

recycled plastics may be unsuitable for 

many products that currently use virgin 

plastic, such as products that involve 

oral contact. 

III. Summary of Approach 

The interpretation under 

consideration would generally allow for 

the recycling of plastic separated from 

shredder residue under the conditions 

described in the Voluntary Procedures 

for Recycling Plastics from Shredder 

Residue (Ref. 1), relying principally on 

the regulatory provisions for excluded 

PCB products. 

TSCA section 6(e) generally prohibits 

the manufacture, processing, 

distribution in commerce and use of 

PCBs. However, EPA has by regulation 

excluded certain materials, including 

excluded PCB products, from these 

prohibitions. Excluded PCB products 

are defined as follows: 

Excluded PCB products means PCB 

materials which appear at concentrations less 

than 50 ppm, including but not limited to: 

(1) Non-Aroclor inadvertently generated 

PCBs as a byproduct or impurity resulting 

from a chemical manufacturing process. 

(2) Products contaminated with Aroclor or 

other PCB materials from historic PCB uses 

(investment casting waxes are one example). 

(3) Recycled fluids and/or equipment 

contaminated during use involving the 

products described in paragraphs (1) and (2) 

of this definition (heat transfer and hydraulic 

fluids and equipment and other electrical 

equipment components and fluids are 

examples). 

(4) Used oils, provided that in the cases of 

paragraphs (1) through (4) of this definition: 

(i) The products or source of the products 

containing < 50 ppm concentration PCBs 

were legally manufactured, processed, 

distributed in commerce, or used before 

October 1, 1984. 

(ii) The products or source of the products 

containing < 50 ppm concentrations PCBs 

were legally manufactured, processed, 

distributed in commerce, or used, i.e., 

pursuant to authority granted by EPA 

regulation, by exemption petition, by 

settlement agreement, or pursuant to other 

Agency-approved programs; 

(iii) The resulting PCB concentration (i.e. 

below 50 ppm) is not a result of dilution, or 

leaks and spills of PCBs in concentrations 

over 50 ppm. 40 CFR 761.3. 

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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices 74009 

EPA regulations allow the use, 

processing, and distribution in 

commerce of excluded PCB products. 40 

CFR 761.20(a) and (c). Except as 

otherwise specifically provided, the 

regulations do not restrict the forms of 

use, processing and distribution that are 

allowed. EPA specifically identified, as 

one likely source of PCBs in excluded 

PCB products, ‘‘contamination during 

recycling activities involving’’ historic 

PCBs. 52 FR 25838, 25844 (July 8, 1987). 

EPA believes that it is reasonable to 

interpret the regulations as generally 

allowing the recycling of excluded PCB 

products. Accordingly, under the 

interpretation discussed in this notice, 

to the extent that the feedstock (scrap 

materials) to a shredder consists of these 

kinds of materials, the plastics separated 

from the resulting residue could be 

recycled (and the resulting recycled 

product would also be an excluded PCB 

product that could be processed, used 

and distributed in commerce, including 

being further recycled), provided the 

PCB concentration in any resulting 

product is below 50 ppm. 

Typically, the burden of 

demonstrating that a regulatory 

exclusion applies rests with the party 

seeking that exclusion. EPA believes 

that, for shredders and their suppliers 

that follow the Voluntary Procedures 

document, it is appropriate to generally 

treat the feedstock as consisting of 

excluded PCB products unless there is 

information specifically indicating that 

the feedstock does not qualify. If 

shredders and suppliers do not follow 

the voluntary procedures, they will 

need to be able to otherwise 

demonstrate that the feedstock and 

residue meet the exclusion. Clearly if 

the feedstock materials or residue 

contain PCBs at concentrations ≥ 50 

ppm, the materials cannot qualify as 

excluded PCB products. 

EPA acknowledges uncertainty as to 

the source of the PCBs in shredder 

residue. However, EPA believes the 

procedures, as explained in the 

Voluntary Procedures document, can 

prevent the introduction of PCBs at 

levels ≥ 50 ppm. EPA may periodically 

evaluate the processes and procedures 

involved in recycling plastics recovered 

from shredder residue. In addition, EPA 

believes it is likely that the number of 

potential sources of PCBs at levels ≥ 50 

ppm has declined since the TSCA 

section 6(e) prohibitions went into 

effect. If PCBs in the feedstock material 

are < 50 ppm, it is plausible that the 

sources of PCBs in the residue are 

excluded PCB products. The 

information available to EPA indicates 

that the PCBs found associated with 

plastics separated from residue are 

Aroclor PCBs. Aroclors were 

intentionally manufactured PCB 

mixtures, not inadvertently generated 

PCBs. Since PCBs in general and 

Aroclors more specifically have not 

been intentionally produced in the U.S. 

since the prohibitions in TSCA section 

6(e) became effective, the Aroclor 

identity of the PCBs found associated 

with plastics separated from shredder 

residue suggests that they were 

manufactured prior to 1984. 

In promulgating the excluded PCB 

product rule, EPA described the 

provision as follows: 

EPA is adopting the generic 50 ppm 

exclusion for the processing, distribution in 

commerce, and use, based on the Agency’s 

determination that the use, processing, and 

distribution in commerce of products with 

less than 50 ppm PCB concentration will not 

generally present an unreasonable risk of 

injury to health or the environment. EPA 

could not possibly identify and assess the 

potential exposures from all the products 

which may be contaminated with PCBs at 

less than 50 ppm. * * * EPA has concluded 

that the costs associated with the strict 

prohibition on PCB activities are large and 

outweigh the risks posed by these activities. 

53 FR 24210 (June 27, 1988). 

EPA has further stated, with respect to 

the excluded PCB products rule: ‘‘These 

amendments have excluded the majority 

of low-level PCB activities (less than 50 

ppm) from regulation’’ (Ref. 7). Given 

the difficulty of determining the precise 

source of PCBs, EPA believes the 

purpose of excluding ‘‘old’’ PCBs under 

the excluded products rule is best 

effectuated in these circumstances by 

treating < 50 ppm materials entering a 

shredder as excluded PCB products 

unless there is information specifically 

indicating that the materials do not 

qualify. 

EPA’s regulations provide another 

potentially relevant exclusion from 

regulation for PCBs that result from an 

excluded manufacturing process. 40 

CFR 761.3. EPA believes that this 

interpretation would also support 

recycling plastics if PCBs produced by 

an excluded manufacturing process are 

present in shredder feedstock. However, 

based on examination of data provided 

by ISRI in a ‘‘Summary of Analysis 

Done on Plastics Recovered from 

Shredder Aggregate’’ (Ref. 8), for four 

types of plastic recovered from shredder 

residue (i.e., ABS, HIPS, PP, HDPE (high 

density polyethylene)), EPA believes it 

is less likely that the PCBs that have 

been found associated with these 

plastics separated from shredder residue 

resulted from excluded manufacturing 

processes, because, among other things, 

EPA has not received notification from 

manufacturers required for these 

processes under 40 CFR 761.185. 

EPA requests comment on the 

regulatory interpretation described 

above. EPA will accept comments for 30 

days after date of publication in the 

Federal Register. If adopted, the 

interpretation would not be a legislative 

rule because it would not impose any 

binding requirements on either EPA or 

the regulated community. EPA is 

requesting comment on the approach 

because EPA is interested in the views 

of stakeholders on the approach, not 

because EPA intends to establish 

binding requirements. 

IV. References 

As indicated under ADDRESSES, a 

docket has been established for this 

notice under docket ID number EPA– 

HQ–OPPT–2012–0902. The following is 

a listing of the documents that are 

specifically referenced in this action. 

The docket includes these documents 

and other information considered by 

EPA, including documents that are 

referenced within the documents that 

are included in the docket, even if the 

referenced document is not physically 

located in the docket. For assistance in 

locating these other documents, please 

consult the person listed under FOR

FURTHER INFORMATION CONTACT. 

1. ISRI. Voluntary Procedures for Recycling 

Plastics from Shredder Residue, October 24, 

2012. 

2. ISRI. Letter from Robin K. Weiner to 

Steve Owens, February 24, 2011. 

3. ISRI. Letter Re: Docket ID No. EPA–HQ– 

OPPT–2009–0757—Advance Notice Of 

Proposed Rulemaking, Polychlorinated 

Biphenyls (PCBs); Reassessment of Use 

Authorizations, August 20, 2010. 

4. American Chemistry Council. Chemistry 

and Light Vehicles, August 2012, available at 

http://www.plastics-car.com/ 

lightvehiclereport. 

5. Nathan Associates, Inc. Economic 

Impacts and Environmental Benefits of 

Separating, Sorting, Processing, and 

Recycling Plastics in the Automobile and 

Appliance Shredder Aggregate, December 21, 

2010. 

6. Argonne National Laboratory. Recycling 

End-of-Life Vehicles of the Future, December 

1, 2009, available at http://www.ipd.anl.gov/ 

anlpubs/2010/01/65969.pdf. 

7. EPA. PCB Q & A Manual: An EPA TSCA 

assistance document designed to provide the 

regulated community with Agency 

interpretations to frequently posed questions, 

1994, available at http://www.epa.gov/osw/ 

hazard/tsd/pcbs/pubs/manual.pdf. 

8. ISRI. Summary of Analysis Done on 

Plastics Recovered from Shredder Aggregate, 

Late 2010/Early 2011. 

List of Subjects 

Environmental protection, Hazardous 

substance, PCBs, Plastic, 

Polychlorinated biphenyls, Recycling, 

Shredder residue. 

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74010 Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices 

* Session Closed-Exempt pursuant to 5 U.S.C. 

552b(c)(8) and (9). 

Dated: November 29, 2012. 

Louise P. Wise, 

Acting Assistant Administrator, Office of 

Chemical Safety and Pollution Prevention. 

[FR Doc. 2012–29904 Filed 12–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

[Public Notice: 2012–0546] 

Application for Final Commitment for a 

Long-Term Loan or Financial 

Guarantee in Excess of $100 million: 

AP087613XX 

AGENCY: Export-Import Bank of the 

United States. 

ACTION: Notice. 

SUMMARY: This Notice is to inform the 

public, in accordance with Section 

3(c)(10) of the Charter of the ExportImport Bank of the United States (‘‘ExIm Bank’’), that Ex-Im Bank has received 

an application for final commitment for 

a long-term loan or financial guarantee 

in excess of $100 million (as calculated 

in accordance with Section 3(c)(10) of 

the Charter). Comments received within 

the comment period specified below 

will be presented to the Ex-Im Bank 

Board of Directors prior to final action 

on this Transaction. 

Reference: AP087613XX. 

Purpose and Use 

Brief description of the purpose of the 

transaction: 

To support the export of commercial 

aircraft to Abu Dhabi, the United Arab 

Emirates 

Brief non-proprietary description of 

the anticipated use of the items being 

exported: 

To be used for long-haul passenger air 

service between Abu Dhabi and 

destinations in the Middle East, 

Africa, Europe, Asia and North 

America 

To the extent that Ex-Im Bank is 

reasonably aware, the item(s) being 

exported may be used to produce 

exports or provide services in 

competition with the exportation of 

goods or provision of services by a 

United States industry. 

Parties 

Principal Supplier: The Boeing 

Company. 

Obligor: Etihad Airways PJSC. 

Guarantor(s): N/A. 

Description of Items Being Exported 

Boeing 777 aircraft. 

Information on Decision 

Information on the final decision for 

this transaction will be available in the 

‘‘Summary Minutes of Meetings of 

Board of Directors’’ on http:// 

www.exim.gov/articles.cfm/ 

board%20minute. 

Confidential Information 

Please note that this notice does not 

include confidential or proprietary 

business information; information 

which, if disclosed, would violate the 

Trade Secrets Act; or information which 

would jeopardize jobs in the United 

States by supplying information that 

competitors could use to compete with 

companies in the United States. 

DATES: Comments must be received on 

or before January 7, 2013 to be assured 

of consideration before final 

consideration of the transaction by the 

Board of Directors of Ex-Im Bank. 

ADDRESSES: Comments may be 

submitted through Regulations.gov at 

WWW.REGULATIONS.GOV. To submit 

a comment, enter EIB–2012–0048 under 

the heading ‘‘Enter Keyword or ID’’ and 

select Search. Follow the instructions 

provided at the Submit a Comment 

screen. Please include your name, 

company name (if any) and EIB–2012– 

0048 on any attached document. 

December 6, 2012. 

Sharon A. Whitt, 

Records Clearance Officer. 

[FR Doc. 2012–29938 Filed 12–11–12; 8:45 am] 

BILLING CODE 6690–01–P 

FARM CREDIT ADMINISTRATION 

Farm Credit Administration Board; 

Sunshine Act; Regular Meeting 

AGENCY: Farm Credit Administration. 

SUMMARY: Notice is hereby given, 

pursuant to the Government in the 

Sunshine Act, of the regular meeting of 

the Farm Credit Administration Board 

(Board). 

DATE AND TIME: The regular meeting of 

the Board will be held at the offices of 

the Farm Credit Administration in 

McLean, Virginia, on December 13, 

2012, from 9:00 a.m. until such time as 

the Board concludes its business. 

FOR FURTHER INFORMATION CONTACT: Dale 

L. Aultman, Secretary to the Farm 

Credit Administration Board, (703) 883– 

4009, TTY (703) 883–4056. 

ADDRESSES: Farm Credit 

Administration, 1501 Farm Credit Drive, 

McLean, Virginia 22102–5090. 

SUPPLEMENTARY INFORMATION: Parts of 

this meeting of the Board will be open 

to the public (limited space available) 

and parts will be closed to the public. 

In order to increase the accessibility to 

Board meetings, persons requiring 

assistance should make arrangements in 

advance. The matters to be considered 

at the meeting are: 

Open Session 

Approval of Minutes 

• November 8, 2012 

New Business 

• Farmer Mac Capital Planning— 

Proposed Rule 

Reports 

• Quarterly Report on Office of 

Examination Operations, Economic 

Conditions Affecting the Farm Credit 

System (FCS), and FCS Condition and 

Performance 

Closed Session* 

Reports 

• Office of Examination Supervisory 

and Oversight Activities Report 

Date: December 7, 2012. 

Dale L. Aultman, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 2012–30036 Filed 12–10–12; 11:15 am] 

BILLING CODE 6705–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[WC Docket No. 06–122; DA 12–1872] 

Proposed Changes to FCC Form 499– 

A, FCC Form 499–Q, and 

Accompanying Instructions 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice; solicitation of 

comments. 

SUMMARY: In this document, the 

Wireline Competition Bureau (Bureau) 

seeks comment on proposed revisions to 

the annual Telecommunications 

Reporting Worksheet, FCC Form 499–A 

(Form 499–A) and accompanying 

instructions (Form 499–A Instructions) 

to be used in 2013 to report 2012 

revenues, and the quarterly 

Telecommunications Reporting 

Worksheet, FCC Form 499–Q (Form 

499–Q) and accompanying instructions 

(Form 499–Q Instructions) to be used in 

2013 to report projected collected 

revenues on a quarterly basis. 

DATES: Comments are due on or before 

January 11, 2013. 

ADDRESSES: Interested parties may file 

comments on or before January 11, 

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